CLIP-ings: November 17th, 2017

Internet Governance

AG Action: This week Missouri’s Attorney General (AG) issued subpoenas demanding information from Google in its investigation into Google’s possible violation of Missouri’s consumer protection and antitrust laws, although it is unclear as to whether this is a publicity stunt or if other state AGs will follow suit.

Efficient Emergencies: After a decade of resistance from wireless phone carriers, the FCC is calling for the carriers to improve geographic specificity of pinpoint emergency alerts from the county level to the cell tower level, with the eventual goal of tying the alerts to individual cell phone users within a triangulated location, utilizing technology similar to that of Uber.

Rules on Review: In response to criticism that federal agencies withheld cybersecurity flaws uncovered during previous vulnerability reviews, White House officials have released new rules that detail how the agencies should consider whether to disclose or keep secret any detected vulnerabilities.

Privacy

Pill.0: The Food and Drug Administration has approved use of the first digital pill fitted with an ingestible sensor that transmits data to an app via a patch worn by the user, allowing patients to share dosage information with their doctors but raising concerns that access to such intimate data can have repercussions for the doctor-patient relationship.

Dirt Box Detailing: Last year the state of Texas paid $373,000 to outfit cellphone surveillance technology called Digital Receiver Technology or “dirt boxes” to Texas National Guard planes as a part of an anti-drug trafficking operation; this software is more powerful than Stingray technology as it can mimic cell towers, connect to every smartphone in the geographic area beneath it, and collect private data from those smartphones, such as location data and the content of cell phone calls.

Information Security and Cyberthreats

Hacking the Hostiles: A group of Muslim hackers has infiltrated ISIS’s propaganda network and published a list of almost two thousand email subscribers, striking another blow to ISIS’s online presence as part of a broader movement of activist groups targeting and dismantling ISIS websites and servers and spreading disinformation among its online base.

North Korea’s Cobra: The Department of Homeland Security’s Computer Emergency Readiness Team  has issued a warning about the North Korean government’s cyber attacks, collectively called “Hidden Cobra” and IP addresses strongly believed to be linked to the attacks, which were used to attack the U.S. telecommunications, aerospace, and finance industries.

Intellectual Property

Patent for Payments: MasterCard has filed a patent for a blockchain-like system that will use a variant of the blockchain ledger to guarantee money transfers in an effort to speed up transaction times and instantly store and manage international transactions.

Free Expression and Censorship

Fake-Checkers: Despite announcing coordinated efforts to slow the spread of misinformation, Facebook’s fact-checkers are claiming that the campaigns are not proceeding as planned, citing the lack of data provided on the impact of their work, the fact that fake information is continuing to go viral, and the disadvantages of using third-party fact-checkers.

Faking Freedom: Freedom House released a detailed report on the state of internet freedom across the globe, highlighting that at least 30 countries engage in digital manipulation to distort the digital perception in their favor, that this digital interference has affected elections in 18 nations, and that the unfortunate consequence of 14 countries attempting to mitigate this problem has been reduced internet freedom within their borders.

Practice Note

Digital Dilemma: Settling an estate of a deceased loved one has become increasingly difficult because many live a portion of their lives online, but trust and estate attorneys recommend taking extra precautions to address your digital life in your will or that of a client, such as granting your executor and power of attorney access to your digital life, creating online password and email managers allowing for access by an emergency contact upon your death, recording all online banking and financing information, choosing legacy contacts for social media accounts, and deciding who inherits ownership rights of digital assets like photos and music.

On The Lighter Side

Faith in Phones: Churchgoers at New York City’s St. Patrick’s Cathedral are using their phones to shop, check email, and take photos and videos during services, even after Pope Francis called for phones to be left at home in a recent address from the Vatican.


Information Law News From CLIP-ings International Correspondents Around the Globe

This academic year, former CLIP-ings Editorial Fellows studying abroad are reporting from time-to-time on current local news and developments in the field of information law!

From Victoria Loeb – Paris, France:

Paris Joins European Sister Cities, Regulates Airbnb: Effective January 2018, Airbnb will automatically require hosts to comply with a 120-day cap per year on short-term rentals in Paris, the app’s biggest single market, amidst global criticism and claims that rental platforms are raising property prices and causing housing shortages in popular cities; the limit will only apply to Paris’ four major tourist districts, but the mayor’s housing advisor thinks it should apply to all of Paris.

Policing Traffic from the Sky: Police in southwest France are using drones to patrol drivers, as the flying machines’ cameras deliver a live-stream to police on the ground so that they can cover wide areas and track specific vehicles; the government wants to expand the operation, which stops between 15 and 20 cars an hour but cannot yet detect drivers breaking the speed limit.

Meghna Prasad – Rome, Italy:

There’s an App for That: From December 4-6, 2017, Milan will host Europe’s first mobile and digital app convention, bringing together top speakers from popular apps such as BlaBlaCar, Deliveroo, and Moovit, who will discuss mobile cybersecurity, big data, robots, and other topics related to the way that the app economy has altered consumption of information and products online.

Online Monitoring Leads to Deportation: A woman living in Milan with her parents and three younger brothers has been deported after her internet activity, including messages sent through an instant messaging software called Telegram, revealed that she was ready to “carry out a suicide attack in Italy” on behalf of Daesh.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Yemi Danmola
Harrison Kay
Rilana Wenske
Editorial Fellows, Fordham CLIP

CLIP-ings: November 10th, 2017

Internet Governance

Initial Celebrity Offerings: This week the Securities and Exchange Commission warned celebrities and media personalities to stop promoting initial coin offerings on social media because the failure to “disclose the nature, scope, and amount of compensation received in exchange for the promotion” of these possible securities is unlawful and a violates of anti-touting laws and possibly anti-fraud rules.

Trafficking Triumph: After a group of major internet companies reached a compromise with the government to support increased crackdowns on websites involved in sex trafficking in exchange for protection from a potential floodgate of litigation, the U.S. Senate Commerce Committee voted to amend a section of the Communications Decency Act to include the Stop Enabling Sex Traffickers Act.

Privacy

Photo Fears: Facebook has announced a pilot program aimed at potential victims of revenge porn in which users voluntarily upload nude photos of themselves to create a digital footprint; the company claims that doing so will prevent future uploads of any copies of the photo, but raises concerns that the images might not be permanently deleted even if Facebook claims that they will not be stored.

Rogue Ratios: Silicon Valley’s technology companies have a peculiar habit of providing low level employees with high level access, providing opportunities such as the recent temporary deactivation of President Trump’s Twitter account by a rogue and disgruntled employee; with employee to customer ratios like 1:84,658 for Twitter and 1:89,358 for Facebook, the value of each individual user is diminished and the potential for abuse is increased.

Information Security and Cyberthreats

Mysterious Methods: In a security hearing before the U.S. Senate Commerce Committee, former Yahoo! CEO Marissa Mayer admitted that the company still lacks specifics about tactics used in a Russian state-sponsored cyberattack that compromised three billion Yahoo! user accounts beginning in 2013.

Data Dangers: Not all enterprises read the terms of service agreements when they begin using various cloud services providers, making them unaware of whether their service provider has the consented-upon right to scan through their company’s stored data and documents.

Intellectual Property

Hijacking the Home: A Delaware judge has issued a preliminary injunction against Ring Protect, forcing it to temporarily cease sales of technology used in its home security platform because it purchased this technology that was originally developed for ADT.

Copyright Cash: A music tech startup called Kobalt, known for its platform that allows artists to track plays of their music and collect royalties, has launched a $600 million fund to buy music copyrights and collect royalties on those rights that allow the company to raise additional funds for its business.

Free Expression and Censorship

Controlled Content: YouTube Kids has redesigned the functionality of its website to provide parents with more controls to protect their kids from inappropriate content, such as allowing the children’s accounts to be connected to the parent’s administrator account, turning off the searching feature, and setting passcodes to prevent parental control settings from being changed.

No-Chill China: Despite blocking access to Facebook for its citizens, the Chinese government and its state media agencies are spending hundreds of thousands of dollars on content posted on Facebook to disseminate pro-China news and propaganda focused on the country’s stability and prosperity and aimed at audiences outside its borders.

Practice Note

Mo’ Money Mo’ Influence: Efforts to prevent Russia’s covert influence via social media may benefit from utilizing the lessons learned in developing anti-money laundering laws, as both activities thrive in the shadows and utilize legitimate enterprise facades, specifically by enforcing transparency and accountability as to the source of the information, as was the case with anti-money laundering laws.

On The Lighter Side

35,000 Tweet: As many Twitter users react to the company’s decision to double the potential length of a tweet to 280 characters, one user was able to sidestep Twitter’s automatic link shortening tools and post a 35,000-character tweet that has since been deleted.


Information Law News From CLIP-ings International Correspondents Around the Globe

This academic year, former CLIP-ings Editorial Fellows studying abroad are reporting from time-to-time on current local news and developments in the field of information law!

From Victoria Loeb – Paris, France:

Tech is Integral to Social Business Success in France: Social entrepreneurship is a growing movement in France, supported politically by President Macron and financially by private individuals and global NGOs, that capitalizes on the tech community to allow immigrants to participate as economic contributors; projects include apps that use peer participation and artificial intelligence to make the administrative visa process more efficient, communication platforms for interested volunteers, and training programs to develop social ventures.

France Welcomes the ‘Robo-Taxi’: French startup Navya Technologies will soon begin testing its “robo-taxi” in Paris, a vehicle constructed as a wholly autonomous system rather than modeling the functions of an existing car; Navya will begin sales in the third quarter of 2018 and intends to develop a complete line-up of autonomous vehicles, but potential buyers ranging from Uber to Apple already have their own autonomous car-development plans.

Meghna Prasad – Rome, Italy:

Extra! Extra! (Don’t) Read All About It! Under a new proposed bill in Italy, police officers listening to wiretapped conversations relevant to trials will only be permitted to pass “relevant” parts of the conversations to prosecutors, leaving transcripts not deemed “relevant” sealed; the bill represents a government effort to prohibit the media from publishing supposedly irrelevant news bits to sensationalize trials and attract readers with flashy, albeit misleading, headlines which could ultimately harm trials and destroy reputations.

 


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Yemi Danmola
Harrison Kay
Rilana Wenske
Editorial Fellows, Fordham CLIP

CLIP-ings: November 3rd, 2017

Internet Governance

PrIoriTy: A study revealed that 90% of consumers lack confidence in the security of internet of things (IoT) devices, which is likely a valid concern as only 11% of IoT manufacturers’ budgets are spent on securing these devices; meanwhile to better protect consumers, Congress recently introduced the Cyber Shield Act of 2017, which would give the Secretary of Commerce the power to create a program to grade and certify the security measures of IoT devices.

Bye Bye Bitcoin: The State Bank of Vietnam has banned the issuance, supply, and use of cryptocurrency by imposing fines of up to $9,000 to anyone who transacts in virtual currency in a move similar to China’s cryptocurrency ban earlier this year.

Privacy

PrivaSEA: A new bill proposed by the U.S. House of Representatives called the Border Security for America Act would among other programs establish a biometric exit data system at U.S. airports, seaports, and land ports, leading a privacy research center to express concern that the enhanced surveillance will have implications for the privacy of American citizens.

Troubled Tweets: From June to September 2016, Twitter ran a campaign with commercial data firms using content posted on Twitter to permanently delete user data in an effort to halt Russian interference in the U.S. elections, amid criticism and even pleas not to do so from information and cybersecurity experts.

Information Security and Cyberthreats

Compromising the Queen: An unencrypted USB-stick found in London’s famous Kensal Green cemetery contained many “confidential” and “restricted” documents detailing security arrangements for London’s Heathrow Airport, including the route of the Queen when she travels through the airport.

Secure Census? While the 2020 U.S. Census will be the first to make use of 43 electronic systems to collect data, none of these systems have received the required security certification, the code used to tabulate the data is still in development, and the U.S. Census Bureau is being urged to carefully test the systems for security defects as soon as possible.

Mayday Malay: The Malaysian government is investigating an Equifax-caliber data breach believed to have affected almost everyone living in the country; hackers obtained data from over 46 million mobile phone subscribers and attempted to sell the information to criminals seeking to create fraudulent identities.

Intellectual Property

Candy Copy: Luxury candy company Sugarfina has sued a local candy store for allegedly copying the design and packaging of its signature “Candy Bento Boxes,” claiming that the local shop stands to gain from imitating the distinctive elements of the company’s IP portfolio.

Photo Feud: CBS has sued a photojournalist for publishing still images from a former CBS television show on social media allegedly to retaliate, after the photojournalist sued CBS for publishing two of his photographs without his permission earlier this year.

Free Expression and Censorship

Misinformed Myanmar? Human rights organizations are condemning Facebook’s reliance on its community standards to police the spread of misinformation about the Rohingya people within Myanmar, a country that primarily utilizes Facebook as a “de facto internet,” as these postings have heavily contributed to the ongoing ethnic cleansing of the Rohingya.  

Practice Note

Licenses with Latitude: The multitude of information posted online frequently begs the question of who owns the content that is posted; each user is the content’s copyright owner, yet the sites enjoy wide discretion in using the posts because of the licensing agreements that each user affirms in the “terms and conditions” of the site.

On The Lighter Side

Sharp Seniors: In honor of the worldwide The Hour of Code initiative, student volunteers in Singapore taught seniors, aged 50 and above, how to code in hopes of inspiring a hobby in these intellectual elders.


Information Law News From CLIP-ings International Correspondents Around the Globe

This academic year, former CLIP-ings Editorial Fellows studying abroad are reporting from time-to-time on current local news and developments in the field of information law!

From Victoria Loeb – Paris, France:

Digital Economy Minister Defends Tax Plan: According to Mounir Mahjoubi, France’s digital economy minister, Macron’s new tax plan for US tech companies exemplifies the President’s commitment to Europe’s technology ecosystem by tackling unfair fiscal privileges and ensuring fair competition; Mahjoubi also believes the digital agenda is the way to reduce France’s high unemployment.

EU Patent Court Agreement on Hold: A German IP attorney halted ratification of the Unified Patent Court agreement, which will establish a new unified patent and courts system, in opposition to the UK’s move to be a member of the EU system while not belonging to the CJEU’s jurisdiction post-Brexit; France, Germany and the UK must ratify the agreement, but Germany’s court action means it will not come into force this year.

Meghna Prasad – Rome, Italy:

India and Italy Agree on More Than Just Great Food: On Monday, India and Italy signed six pacts to fortify their political and economic relations with each other as the 70th anniversary of the two countries’ diplomatic relations approaches in March 2018; the issues contained in these new agreements range from increasing cooperation in railway safety, energy, and mutual investment to fighting terror groups and specifically affirming the applicability of international law to cyberspace.

Fingerprinting for Safety: After the recent G7 interior ministers meeting in Rome, the United States and Italy decided to share their fingerprint databases in order to confirm the identity of migrants, asylum seekers, and refugees, in an effort to filter out potential extremists.  

Fueling the Fire: For the first time, the Sicilian city of Catania allowed the use of technology to tap satellite phone calls in order to aid in a recent investigation of nine people involved in a Libyan fuel smuggling ring; the crime involved stealing 30 million euros worth of fuel from the Libyan National Oil Corporation and transporting the fuel to Italy and Europe to sell it in gas stations.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Yemi Danmola
Harrison Kay
Rilana Wenske
Editorial Fellows, Fordham CLIP